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New Jersey regulators have cautioned that expanding short-term plans in other states will ultimately be detrimental for consumers.

Sale of short-term plans is prohibited in NJ

The sale of short-term health insurance plans has, for all intents and purposes, been prohibited in New Jersey since 1993. New Jersey statute 17B:27A-3 governs individual health insurance plans, and does not allow short-term limited duration plans to be sold to New Jersey residents.

The statute requires all plans sold to individuals in New Jersey to provide full-year coverage, “comprehensive benefits that exceed the requirements of the Affordable Care Act” and must be guaranteed issue and guaranteed renewable. These terms are not compatible with short-term plans, so short-term coverage is essentially prohibited in the state.

The ban will continue

In April 2018, after the Trump Administration had proposed new rules to change the federal definition of “short-term, limited duration” (rules that have since been finalized), the New Jersey Department of Banking and Insurance submitted comments noting that short-term plans have not been sold in New Jersey for 25 years, and clarifying that the state’s ban on short-term plans would continue, regardless of any changes at the federal level.

New Jersey’s acting insurance commissioner also cautioned that expanding access to short-term plans in other states would ultimately be detrimental to consumers. The comments noted that the coverage offered by short-term plans is inferior to the coverage offered in the ACA-compliant market (and in New Jersey’s state-regulated market), results in adverse selection for more comprehensive plans, and could ultimately lead to insurers withdrawing from the ACA-compliant market in states that allow short-term health insurance plans.